Bambam Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75849 of 2023 Arising Out of PS. Case No.-146 Year-2023 Thana- SANHAULA District- Bhagalpur ====================================================== 1.

BAMBAM MANDAL Son of Bhim Mandal Resident of Village - Kulkuliya, P.S.- Ghogha, District - Bhagalpur. 2.

Bikash Kumar Son of Upendra Choudhary Resident of Village - Pannuchak, P.S.- Ghogha, District - Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioners seek regular bail in connection with Sanhoula P.S. Case No. 146 of 2023 registered for the offence under Sections 414 the IPC and Section 30(a) of the Bihar Prohibition and Excise Act.

3. According to prosecution case, the petitioners along with co-accused is said to have been apprehended with two motorcycles from where, 17 liters illicit liquor was recovered.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this

Patna High Court CR. MISC. No.75849 of 2023(2) dt.30-11-2023 2/3 present case. They have got no criminal antecedent as stated in para-3 of the bail petition. Petitioners have no concern with the alleged recovery of illicit liquor. So far as seized motorcycle is concerned, the petitioner no.2 has purchased the same from one Manoj Kumar Shah and he has no knowledge about the aforesaid motorcycle is stolen one. or with the place of occurrence. No any incriminating article has been recovered from conscious possession of the petitioners. The petitioners are languishing in judicial custody since 16.9.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Considering the facts and circumstances of the case and custody period of the petitioners, this court is inclined to enlarge them on bail. The above named petitioners are directed to be released on bail in connection with Sanhoula P.S. Case No. 146 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge-II, Bhagalpur. (Sunil Kumar Panwar, J) Amandeep/- U T

Patna High Court CR. MISC. No.75849 of 2023(2) dt.30-11-2023 3/3